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B-335564 Sep 15, 2023 1 (2023-09-15)

handle is hein.gao/gaopeh0001 and id is 1 raw text is: 




            G        U.S. GOVERNMENT ACCOUNTABILITY OFFICE
441 G St. N.W.
Washington, DC 20548


B-335564


September  15, 2023

The Honorable Jon Tester
Chairman
The Honorable Jerry Moran
Ranking Member
Committee on Veterans' Affairs
United States Senate

The Honorable Mike Bost
Chairman
The Honorable Mark Takano
Ranking Member
Committee on Veterans' Affairs
House  of Representatives

Subject: Department of Veterans Affairs: Presumptive Service Connection for Respiratory
         Conditions Due to Exposure to Fine Particulate Matter

Pursuant to section 801(a)(2)(A) of title 5, United States Code, this is our report on a major rule
promulgated by the Department of Veterans Affairs (VA) entitled Presumptive Service
Connection for Respiratory Conditions Due to Exposure to Fine Particulate Matter
(RIN: 2900-AR25).  We received the rule on September 5, 2023. It was published in the
Federal Register as a final rule on September 1, 2023. 88 Fed. Reg. 60336. The effective date
is October 31, 2023.

The final rule, according to VA, adopts as final, with changes, an interim final rule that amended
VA adjudication regulations governing presumptive service connection based on presumed
exposures to fine particulate matter. VA stated that the amendment was necessary to provide
health care, services, and benefits to Gulf War Veterans who were exposed to fine particulate
matter associated with deployment to the Southwest Asia theater of operations, as well as
Afghanistan, Syria, Djibouti, and Uzbekistan. The amendment, according to VA, eased the
evidentiary burden of Gulf War Veterans who file claims with VA for asthma, rhinitis, and
sinusitis, to include rhinosinusitis.

The Congressional Review Act (CRA) requires a 60-day delay in the effective date of a major
rule from the date of publication in the Federal Register or receipt of the rule by Congress,
whichever is later. 5 U.S.C. § 801(a)(3)(A). This final rule was published in the Federal
Register on September 1, 2023. 88 Fed. Reg. 60336. The Congressional Record does not
reflect the date of receipt by the House of Representatives or the Senate. However, VA
provided documentation reflecting that the House of Representatives and the Senate received
the rule on September 7, 2023. Email from Office of Regulation Policy and Management, Office
of General Counsel, VA, to Senior Attorney, GAO, Subject: Regulatory Compliance w/CRA -
AR25(F) Presumptive Service Connection for Respiratory Conditions Due to Exposure to Fine

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